Featured exhibitor 2023 Terms and Conditions


Head On foundation logo

These Terms & Conditions will be upheld by the person exhibiting work (Exhibitor) at Head On Photo Festival 2023 (Head On) and Head On Foundation Ltd (ABN 46 127 619 149) (Head On).

BACKGROUND

The not-for-profit Head On Foundation runs Head On Photo Festival, one of the world’s leading photography festivals, attracting critical acclaim and extensive publicity. The Head On team works year-round on project management, infrastructure, promotion, marketing and sponsorships necessary to present hundreds of artists with the opportunity to show their work to a global audience through the annual Head On Photo Festival.

INTRODUCTION

  1. You, the Exhibitor, have been selected to present a Featured Exhibition (exhibition) during Head On Photo Festival in either a Head On managed-venue or a venue sourced by Head On but managed by the staff at the exhibition venue
  2. The Exhibitor must sign the Terms & Conditions and return them to Head On by Monday 12 June 2023
  3. The Exhibitor will notify Head On by the applicable due date (key dates will be provided) in writing if they wish to withdraw from exhibiting in Head On Photo Festival 2023
  4. Head On is not liable for any costs the Exhibitor incurs in providing Head On with image files or any other material requested
  5. If, due to unforeseen circumstances, Head On Photo Festival 2023 does not take place as scheduled, alternative measures for the exhibitions may be arranged
  6. All Terms and Conditions may be updated at Head On’s discretion

COMMUNICATION

  1. Head On will communicate with the Exhibitor by email and/or phone, including text messages
  2. Head On may send text messages to alert the Exhibitor that important information was emailed to them
  3. The Exhibitor should check all email folders (such as inbox, junk, clutter etc.) to ensure and read correspondence from Head On and notify Head On if they require more information or did not receive expected email communication
  4. Head On is not responsible for outcomes if an Exhibitor does not read or act on information sent to them in a timely manner
  5. The Exhibitor will notify Head On as far as possible in advance if they cannot be contacted anytime between 9 June 2023 – 3 December 2023

FESTIVAL REGISTRATION AND EXHIBITION COSTS

  1. Head On has limited funding and will endeavour to cover as many costs as possible such as curating, pre-production, printing, installation, project management, marketing and promotion for Head On produced exhibitions
  2. In special circumstances, some Exhibitors may be required to contribute towards costs beyond Head On's exhibition budget; this could include printing, framing etc. These costs will be discussed with and covered by the Exhibitor
  3. Head On Foundation cannot cover costs such as gallery rent in venues not managed by Head On, extra staffing in galleries, mounting or framing, freight, travel expenses, or other expenses
  4. Exhibitors can choose to contribute extra funding for their exhibition, marketing and promotion costs (refundable if the Exhibition doesn’t eventuate) or to make a donation (tax deductible for Australian taxpayers) to help Head On support fellow artists in need to present their exhibitions - Head On recommends donations of AUD$500 paid online

EXHIBITORS WILL:

  1. Liaise with Head On, who will suggest and secure an appropriate exhibition venue. The venue can be traditional (e.g. gallery) or non-traditional (e.g. outdoors, space managed by Head On), and the Exhibitor will work with the Head On team and/or curator of the exhibition venue
  2. Consult with Head On Photo Festival Creative Director Moshe Rosenzveig OAM or his designated representative, who will lead the curation and exhibition design
  3. Comply with the key deadlines (to be provided) by providing all digital files and other material Head On requests at the prescribed specifications
  4. Acknowledge and agree that they will provide personal information (such as their name, address, telephone number and email address) to Head On
    1. Head On will use personal information collected in the process of submission to contact applicants, which will be handled according to the Privacy Act and otherwise in accordance with an applicant’s consent
    2. If the primary contact person represents a group of artists, provide Head On with a complete list of exhibitors and residential postcodes (postcodes are used anonymously for reporting purposes only)
    3. Head On will add the Exhibitor’s email address to its e-newsletter database in order to maintain contact with the Exhibitor. An Exhibitor may opt-out of receiving the e-newsletter at any time
  5. Be responsible for providing Head On updates of contact details
  6. Acquire all necessary rights and licenses to use all works, digital images and other subject matter forming part of the Exhibition and its promotional material
  7. Only exhibit work that has been accepted by Head On Photo Festival 2023 from the body of work proposed in the original submission unless agreed in writing with Head On
  8. NOT exhibit the work accepted into Head On Photo Festival 2023 in NSW between 9 June 2023 and 3 December 2023 unless agreed to in writing by Head On or is included in the Head On Photo Awards
  9. Request written agreement from Head On by the appropriate due date (key dates will be provided) and receive Head On’s approval before finalising dates and times for any event planned in conjunction with the Exhibition and/or, if from overseas or interstate, visit Sydney and Australia; Head On may ask for more information about the event
  10. Take all measures necessary to ensure that the exhibited work(s) will not cause any injury to any person
  11. If agreed with Head On, deliver printed artworks for the exhibition and all labour and material costs associated with the construction of the artworks
    1. The Exhibitor is responsible for shipping and handling costs (including insurance) of prints sent to and from the location specified by Head On
  12. If possible, make exhibited work available for sale, subject to negotiation of a commission payable to Head On and the exhibition space; details of commission to be discussed separately
  13. Discuss and agree to all Terms and Conditions set by the exhibition space that is not managed by Head On and if applicable pay any costs required not covered by Head On
  14. Promote the Exhibition as a Featured Exhibition of Head On Photo Festival in all promotion, print and online (with hyperlinks to ‘headon.org.au’)
  15. Use one image only from the exhibition in promotion unless otherwise agreed with Head On
  16. Include #headonphoto in all social media posts
  17. Inform Head On if you work with a PR person or team and provide Head On with their contact details
  18. Coordinate with Head On any publicity generated by the Exhibitor or anyone acting on their behalf
  19. Send any media releases and other publicity measures to Head On five days before intended distribution (Head On will notify their PR team so promotion is coordinated and stream-lined)
  20. Grant Head On a non-exclusive irrevocable worldwide licence to reproduce, exhibit and publish the Exhibitor’s images at no charge for inclusion in Head On Photo Festival exhibitions, to be included in the Festival and/or exhibition catalogue(s) and publicity and promotion of the exhibition, Head On Photo Festival and Head On Foundation in print media for a period of five years from the date of first exhibition (and indefinitely as part of a reprint or digital copy of print media first published during the initial five years) at the discretion of the organisers
  21. Grant Head On a non-exclusive irrevocable worldwide licence to reproduce the Exhibitor’s images at no charge for publicity and promotion of the exhibition, Head On Photo Festival and Head On Foundation in all electronic media for a period of five years from the date of the first exhibition (and indefinitely as historic posts or archive) at the discretion of the organisers including on Head On’s website, electronic communications and social media
  22. Work with Head On to explore and apply for potential funding opportunities such as grants or sponsorship
  23. Obtain written approval from Head On before finalising any third-party sponsorship arrangements in accordance with Head On’s sponsorship guidelines
  24. Indemnify Head On Foundation Ltd and Head On Photo Festival for any possible loss or legal action against them

(NOTE: we cannot guarantee the amount of media and/or public interest in the exhibitions)

HEAD ON RESPONSIBILITIES

HEAD ON WILL:

  1. Target and, when possible, finalise appropriate sponsorship
  2. Assist artists with supporting documentation when they apply for funding or sponsorship
  3. Provide Helpdesk and general administration support
  4. Curate the exhibition in collaboration with the artist (and gallery curator if applicable)
  5. Unless otherwise agreed, manage and implement:
    1. Pre-production work such as re-sizing images and text editing
    2. Manage printing, mounting and framing (where required)
    3. Design the Exhibition and manage infrastructure requirements
    4. Manage installation and de-installation
  6. Manage administration relating to the Exhibition
  7. Liaise with exhibition spaces not managed by Head On to finalise Exhibition and administrative details
  8. Unless otherwise specified, create an exhibition webpage to be hosted on headon.org.au available to the public during and post-festival
  9. Manage and implement the design, printing and distribution of the printed and digital marketing assets, including the Festival catalogue
  10. Manage sales of artwork or photobooks arising from exhibition in Head On managed venues and on www.headon.org.au. Head On will notify and discuss with the artist details before the sale
  11. Store the Exhibition prints pre and post-festival at no charge to the exhibitor
  12. Promote the Exhibition, approved events held in conjunction with the exhibition and Head On Photo Festival as a whole via Head On channels that may include:
    1. Head On Photo Festival website (dedicated webpage per Exhibition)
    2. Head On Photo Festival 2023 printed/digital catalogue (dedicated page per Exhibition)
    3. On-line program/calendar/blog (www.headon.org.au)
    4. Head On Photo Festival EDMs
    5. Head On Photo Festival social media
    6. Channels of Head On partners
  13. Brief a PR team to pitch to a wide range of media
  14. Credit the photographer whenever Head On uses their work. Head On will supply the photographer’s name to third parties (such as newspapers and magazines) and use Best Endeavour to ensure that images are credited. Head On will maintain the integrity of the work and will not make any changes without first obtaining the photographer’s permission unless reasonable in the circumstances to do so
  15. Endeavour to notify artists whenever their work has been selected for exhibitions, publication post-festival or other potential commercial opportunities
  16. Exercise all reasonable care with the works submitted but will not be responsible for any loss or damage while in its custody or in transit or being transferred or reproduced by any means, including digital copying and online transmission

USE OF HEAD ON LOGO

  1. The Head On Photo Festival and Head On Foundation logos will be provided to exhibitors and should be placed in:
    1. The printed exhibition statement (if not provided by Head On)
    2. Invitations, online and printed (if produced)
    3. Room notes, postcards, posters etc. if produced
    4. Other promotion through Exhibitor’s channels, including website, newsletters, blogs and social media
    5. The Exhibitor must submit proposed marketing material, including logo placements, to Head On for approval ten business days before the planned distribution

SPONSORSHIP

  1. Exhibitors can apply for in-kind and/or cash sponsorship from third parties if they:
    1. Obtain Head On’s Sponsorship Policy (available on request from Head On)
    2. Submit a Sponsorship proposal and have it approved before proceeding
  2. Without a Head On approved sponsorship proposal, Exhibitors/Representatives cannot:
    1. Refer to Head On, Head On Foundation or Head On Photo Festival in any discussions with or in documents distributed to potential sponsors
    2. Offer benefits related to Head On to sponsors
    3. Represent Head On or be perceived to represent Head On
    4. Use Head On’s logo anywhere, or in any form, without the written permission of Head On

COPYRIGHT

  1. The Exhibitor shall retain copyright in all their exhibited artworks
  2. Head On will have the right in perpetuity to:
    1. Document exhibitions
    2. Use Exhibitor’s images in Head On collateral, on Head On’s website and to promote the Festival and Head On Foundation in print and online
    3. In consultation and agreement with the artist include the images in proposals for exhibitions managed by other organisations, e.g. international photo festivals  

TERMINATION

  1. These Terms and Conditions will no longer apply if the Exhibitor does not proceed with an exhibition at Head On Photo Festival 2023 or notifies Head On in writing by the applicable due date (see key dates document)
  2. Head On reserves the right to terminate this agreement and exclude or remove from the 2023 Festival any Exhibitor (and their exhibitions) who has submitted false information or who does not comply with all Terms and Conditions set out by Head On

DISPUTES

  1. In the event of any dispute arising between, the parties will endeavour to resolves these through negotiation, mediation, independent expert appraisal or any other alternative dispute resolution technique
  2. any other alternative dispute resolution technique
  3. If the dispute is not resolved by such agreement within fourteen (14) days of written notice by one party to the other of the dispute, either party may refer the dispute to arbitration
  4. Any expenses associated with the arbitration will be shared equally by both parties

CREATION OF WORK

  1. By agreeing to exhibit at Head On Photo Festival 2023, you confirm to Head On Foundation that you are the Creator and owner of the work or legally represent the Creator and owner of the work, that the Creator of the work has the permission of the subject or, where appropriate the subject’s parent or guardian, that the work does not infringe copyright, or Indigenous cultural and intellectual property, the image was not taken in circumstances of trespass or invading anyone’s legal right of privacy, confidentiality, breach of industrial law or applicable industry code and does not to the best of your knowledge defame anyone nor was the Creator’s conduct in taking the image likely to be misleading or deceptive and that you agree with the these Terms & Conditions
  2. AI computer generated images will not be accepted. If requested, Exhibitors must provide original RAW files and film to Head On to verify image authenticity
  3. Exhibitors may enter images that will be part of an exhibition at Head On Photo Festival 2023 into the Head On Photo Awards

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Signature Certificate
Document name: Featured exhibitor 2023 Terms and Conditions
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Timestamp Audit
2023-06-09 3:09 pm AESTFeatured exhibitor 2023 Terms and Conditions Uploaded by Stephen Godfrey - [email protected] IP 124.254.81.174
2023-06-09 5:17 pm AESTSaskia - [email protected] added by Stephen Godfrey - [email protected] as a CC'd Recipient Ip: 2001:8003:2422:3500:a4a1:b7c2:4d2e:3b1d
2023-06-15 10:07 am AESTSaskia - [email protected] added by Stephen Godfrey - [email protected] as a CC'd Recipient Ip: 124.254.81.174
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